Liberty University
Helm’s School of Government
The Role Of Slavery at The Constitutional Convention
Submitted to: Dr. Jason Ross
in partial fulfillment of the requirements for the completion of
PLC 702-(D01)
Founding Era and the Constitution
By
Michael S McGee
April, 10th, 2022
1
Contents
Contents…………………………………………………………………………………………1
Introduction……………………………………………………………………………………….2
The Purpose of The Constitutional Convention Revisited……………………………………….2
Ibid………………………………………………………………………………………………3
Ibid………………………………………………………………………………………………4
The Great Compromise Revisited…………………………………………………………………4
Slavery Before The Constitutional Convention…………………………………………………...5
The Role Slavery Had on Representation…………………………………………………………5
Ibid………………………………………………………………………………………………5
Slavery Protection Clauses Compromises……………………………………………………….6
Objections to 3/5ths and Slavery Compromises………………………………………………….7
Conclusion………………………………………………………………………………………...7
Ibid………………………………………………………………………………………………...8
Bibliography………………………………………………………………………………………9
Ibid………………………………………………………………………………………………10
ii
2
Introduction
The Constitutional Convention, which began on May 25th, 1787, and ended on
September 17th, 1787, is one of the most crucial moments in American history. As the
convention sought to correct critical issues found in the Articles of Confederation, the framers
and states had to make several compromises. This led to many contested and frustrating
moments. Slavery was one of the compromises and frustrations involved. Slavery was originally
one of the grievances listed against King George and England for justification of independence.
However, Thomas Jefferson omitted this provision in the Declaration of Independence due to
pressure from colonists around him. Slavery was also a cause for division at the Constitutional
Convention, with the framers divided more on slavery than on any other issue. The purpose of
this paper is to discuss why slavery was such a controversial topic during the Constitutional
Convention. It also discusses why even though slavery is an evil practice, slave protections and
provisions were a necessary evil for the ratification of the Articles of Confederation.
The Purpose of The Constitutional Convention Revisited
1
George Washington had written a letter to James Madison expressing his desire that the
convention would not achieve a temporary fix, but rather correct the defects of The Articles of
Confederation and give a clear remedy to the problems regardless of whether the other delegates
agreed to such a thing or not.
2
Moreover, Madison made clear in Federalist 10, the Articles of
Confederation were weak because they lack what he called a political Constitution's vital
principles, specifically sanction and coercion. James Madison also made it clear that he was quite
1
“Vices of the Political System of the United States.” <span style="font-style: normal">Teaching American
History</span>, Last modified February 8, 2022. https://teachingamericanhistory.org/document/vices-of-
the-political-system/.
2
Ibid 1
3
concerned with what he described as evil which was the individual rights being violated by
unjust majorities in the state legislatures.
3
This abuse is known as the tyranny of the majority as
written by Alexis De Tocqueville. This democratic government is centered around the principle
and ideas that the interest of the majority outweighs the interest of the few.
4
Like all forms of democracy, this form is prone to abuse. The tyranny of the majority
leads to the minorities using physical force to fight back. With this, confusion, anarchy, and what
Tocqueville calls the despotism of one man come about. Since The United States had just ended
a war centered around the same sort of abuses from Britain, it is understood why James Madison
had such concerns over what he was seeing from his fellow countrymen.
5
Madison wisely
redirected the debate away from securing the rights of the people to restraining the powers of the
federal government. He also concentrated on protecting minority rights from the majority.
He did this by addressing the following errors of The Articles of Confederation including,
6
the lack of power the federal government had in removing both domestic and foreign trade
barriers. By default, it would help fix the flow of commerce. He also concentrated on
strengthening U.S. foreign policy, especially with respect to Britain's obligations under the Paris
agreement. Madison also wanted to work on increasing the federal government's power to gain
compliance over the 13 states and quell rebellions. This was something the Articles did not grant
to the federal government. In addition, one of the more pressing issues was the representation of
3
Tocqueville, Alexis de. Democracy in America : In Two Volumes, edited by Eduardo Nolla, Liberty Fund,
Incorporated, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/liberty/detail.action?docID=3327359.
Created from liberty on 2022-04-08 02:02:54.
4
Ibid 406
5
Vices of the Political System of the United States.” <span style="font-style: normal">Teaching American
History</span>, Last modified February 8, 2022. https://teachingamericanhistory.org/document/vices-of-
the-political-system/.
6
Mcclellan, James. Liberty, Order, and Justice : An Introduction to the Constitutional Principles of
American Government. Indianapolis: Liberty Fund, 2000.
4
the states. This was due to the more populated states feeling they should have a greater say over
the less populated states, while the smaller states wanted equal representation. This, along with
the slave protection clauses which in some respects came hand in hand with the state
representation debate.
7
Also in question would be what powers the states would reserve and what
belongs to the federal government. Additionally, the question of separation of powers among the
branches of government, including the establishment of a judiciary. In essence, the purpose of
the Constitution, reflected in the preamble, was to create a better union and remove the United
States from a league of friendship. States began to offer their own compromises, such as The
Virginia Plan, The New Jersey Plan, and The Connecticut Plan, which would be the plan
adopted.
The Great Compromise Revisited
Roger Sherman, a delegate from Connecticut, appealed to the Constitutional Convention
on June 11th, 1787, to find a compromise on the tense issue of representation. This issue, as I
stated, was among the most contested provisions of the Constitution,
8
In spite of initial failures to
convince the states to approve the new plan, it soon became a reality when Massachusetts, which
was divided over the compromise, and North Carolina seemingly changed their minds about it.
Massachusetts changed its vote to make it through the convention within the narrowest margin of
error possible.
9
Nevertheless, it did pass, resulting in proportional representation in the House
and equal representation in the Senate. This compromise is among several others the reason why
we have the Constitutional government we have today. With this government came slavery and
slave importation, a hot topic during the negotiations at the convention.
7
Ibid 245
8
Ibid 304
9
Ibid 290
5
Slavery Before The Constitutional Convention
In a prior essay, I wrote entitled Thomas Jefferson and The Equality of Man: What
Jefferson Really Meant. I had brought to light the fact that even while under the crown of
England slavery amongst the colonist was a contested topic amongst them. Thomas Jefferson
authored both The Rights of British America and The Declaration of Independence shows the
division surrounding slavery.
10
In The Rights of British America stated that all attempts to block
importations of persons in America had been blocked by the parliament of England.
11
As I
mentioned in the introduction section of this essay, Jefferson would originally use this as one of
the justification reasons for declaring colonial America free of Britain. However, under pressure
from Georgia and South Carolina delegates, Thomas Jefferson would omit this section from the
final draft of the Declaration, as Jefferson understood the revolutionary war at present was more
important than the moral issue of slavery.
The Role Slavery Had on Representation
Because slavery was not banned at the signing of the Declaration or the end of the
Revolutionary war,
12
James Madison understood that the issue was not merely about
10
A Summary View of the Rights of British America.” <span style="font-style: normal">Teaching
American History</span>, Last modified February 18, 2022.
https://teachingamericanhistory.org/document/a-summary-view-of-the-rights-of-british-america-2/
11
“Draft of the Declaration of Independence.” Teaching American History, Last modified February 24,
2022. https://teachingamericanhistory.org/document/rough-draft-of-the-declaration-of-independence/.
12
Madison, James. 1970. The Debates in the Federal Convention of 1787 Which Framed the Constitution
of the United States of America. Westport, Conn: Greenwood Press.
6
representation, but states holding onto the right to maintain slavery in the south. The debate over
how to count slaves as a whole person or as ⅗ of a person would prove to be a divisive debate.
The northern states wanted to have slaves counted as 5/5 of a person while the southern
states Georgia and South Carolina fought to have them counted as ⅗.
13
The reason for this part of
the debate is because depending upon how the slaves were counted would determine the balance
of power in the lower and upper houses of Congress. If the slaves were counted as a whole
person, the south would have control in the House of Representatives and the northern states
would have control in the Senate.
14
On the one hand, you had folks such as Charles Pinckney of South Carolina argue that
counting blacks equal to whites in respect to representation was the only correct way to go about
it.
15
The slave trade and the provision of representation were heavily disapproved of by others,
such as General Morris.
16
South Carolina and Georgia would have some victories handed over to
them in the respect of how slaves would be counted in representation. Slaves would be counted
as ⅗ of a person and under the newly adopted Connecticut plan, they would share equal
representation in the Senate.
Slavery Protection Clauses Compromises
17
The South would also see victories concerning the institution of slavery including what
is known as the fugitive slave act which required by law slaves to be returned to their owners.
13
“Notes of Debates in the Federal Convention of 1787.” <span style="font-style: normal">Teaching
American History</span>, Last modified September 10, 2021.
https://teachingamericanhistory.org/document/notes-of-debates-in-the-federal-convention-of-1787/.
14
Ibid 585.
15
Ibid 586
16
Dougherty, Keith. “Slavery in the Constitution: Why the Lower South Occasionally Succeeded at the
Constitutional Convention.” Political Research Quarterly 73, no. 3 (September 2020): 638–50.
https://doi.org/10.1177/1065912919848843.
17
Ibid 638
7
Additionally, under the Connecticut Compromise
18
the federal government would also hold back
from taxing or prohibiting the slave trade until the year 1808. This again was to appease Georgia
and South Carolina delegates who would not agree to the Constitution without protections
granted to them with respect to slavery.
Objections to 3/5ths and Slavery Compromises
19
Delegates Sherman and Ellsworth wished not to make the issue of slavery and the
representation of slaves an issue that divided the nation believing that slavery with time would
fade away from the union. But this would not be the case as many other delegates openly showed
anger towards the Constitution for allowing such provisions to exist.
20
The constitution
protecting slavery was contrary to the principles and liberty for which the country fought against
Britain.
21
”Dickinson, from Delaware, considered slavery “as inadmissible on every principle of
honor & safety.” And Randolph stated, he could never agree to the clause as it stands.”
22
General
Morris requested that the Constitutional clauses state that the proposal was in following the
requests of the delegates of North and South Carolina and Georgia. Although he agreed to drop
the petition.
Conclusion
18
Madison, James. 1970. The Debates in the Federal Convention of 1787 Which Framed the Constitution
of the United States of America. Westport, Conn: Greenwood Press.
19
“Compromising on the Slave Trade.” <span style="font-style: normal">Teaching American
History</span>, Last modified February 17, 2022.
https://teachingamericanhistory.org/resource/compromising-on-the-slave-trade/.
20
Ibid 3
21
Ibid 3
22
Madison, James. 1970. The Debates in the Federal Convention of 1787 Which Framed the Constitution
of the United States of America. Westport, Conn: Greenwood Press.
8
Framer Benjamin Rush had this to say concerning the ratification of The Constitution.
23
”I do not believe that the Constitution was the offspring of inspiration, but I am as satisfied that
it is as much the work of a Divine Providence as any of the miracles recorded in the Old and
New Testament.” Rush understood that the framers accomplished something that was almost
unthinkable and impossible. He along with others recognized it was the hand of God that caused
the ratification to occur. It was not done without any compromises, including moral
compromises over the issue of slavery found in the Connecticut Compromise. In my opinion,
slavery was a necessary evil as, without state delegates willing to put their moral convictions
concerning slavery aside, the United States Constitution never becomes a reality, and the union
would eventually become defeated within and leave itself open to attacks from afar. However, it
would be unfair to end this without noting that while many of the founders conceded the issues
of slavery, the Constitution did set itself up to begin to give Congress the ability after the year
1808 to take steps in eliminating the slave trade.
23
“Benjamin Rush Quote.” A, n.d. https://www.azquotes.com/quote/555534#:~:text=that the...-,I do not
believe that the Constitution was the offspring,the Old and New Testament.
9
Bibliography
A Summary View of the Rights of British America.” <span style="font-style:
normal">Teaching American History</span>, Last modified February 18, 2022.
https://teachingamericanhistory.org/document/a-summary-view-of-the-rights-of-british-america-
2/
“Compromising on the Slave Trade.” <span style="font-style: normal">Teaching
American History</span>, Last modified February 17, 2022.
https://teachingamericanhistory.org/resource/compromising-on-the-slave-trade/.
Dougherty, Keith. “Slavery in the Constitution: Why the Lower South Occasionally
Succeeded at the Constitutional Convention.” Political Research Quarterly 73, no. 3 (September
2020): 638–50. https://doi.org/10.1177/1065912919848843.
“Draft of the Declaration of Independence.” Teaching American History, Last modified
February 24, 2022. https://teachingamericanhistory.org/document/rough-draft-of-the-declaration-
of-independence/.
Madison, James. 1970. The Debates in the Federal Convention of 1787 Which Framed
the Constitution of the United States of America. Westport, Conn: Greenwood Press
“Notes of Debates in the Federal Convention of 1787.” <span style="font-style:
normal">Teaching American History</span>, Last modified September 10, 2021.
https://teachingamericanhistory.org/document/notes-of-debates-in-the-federal-convention-of-
1787/.
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Convention of 1787: Deliberation and Agenda Effects on the Senate and Slavery,” American
10
Journal of political science 55, 55, no. 2: 289–306. https://doi.org/10.1111/j.1540-
5907.2010.00490.x.
Tocqueville, Alexis de. Democracy in America: In Two Volumes, edited by Eduardo
Nolla, Liberty Fund, Incorporated, 2012. ProQuest Ebook Central,
http://ebookcentral.proquest.com/lib/liberty/detail.action?docID=3327359.
Created from liberty on 2022-04-08 02:12:16.
“Vices of the Political System of the United States.” <span style="font-style:
normal">Teaching American History</span>, Last modified February 8, 2022.
https://teachingamericanhistory.org/document/vices-of-the-political-system/.
